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Assessees vs Income Tax Appellate Tribunal & Commissioner of Income Tax – Delhi High Court Clarifies Scope of Rectification under Section 254 Where Main ITAT Order is Already Under Challenge in Appeal | ITA Nos. 870-879 of 2009
Facts of the
Case
The Income Tax Appellate Tribunal had earlier passed orders against
the assessees.
The assessees challenged those orders by filing appeals under
Section 260A of the Income-tax Act befor...
Commissioner of Income Tax vs. Motor & General Finance Ltd.- Income Tax Appeal Under Section 260A: No Substantial Question of Law Arises If the Matter Is Pre-Decided by a Covered Judgment
Facts of the Case
Background
of the Dispute: The Revenue Department (Commissioner of
Income Tax) preferred an statutory appeal under Section 260A of the Income
Tax Act, 1961, bringing a challenge agai...
Commissioner of Income Tax v. Jamna Auto Industries Ltd.: Whether Recurring Royalty Paid for Technical Know-How Based on Sales Turnover is Deductible as Revenue Expenditure Under Section 37(1) of the Income Tax Act
Facts of the Case
The
Collaboration Agreement: The assessee corporate
entity entered into a formal Memorandum of Understanding (MOU) with M/s.
Jamna NHK Allevard Suspension Components Ltd. (JANA), a t...
Lucent Technologies GRL LLC vs Assistant Commissioner of Income Tax & Anr. | AO Must Grant Opportunity of Hearing Before Passing Order Under Sections 143(3)/254 of the Income-tax Act
Facts of the
CaseThe petitioner challenged orders passed by the Assessing
Officer (AO) while giving effect to earlier orders of the Income Tax Appellate
Tribunal (ITAT). In the original assessment proceedings, certain...
M/s Satnam Overseas Limited & Another vs. Additional Commissioner of Income Tax & Assistant Commissioner of Income Tax (Delhi High Court) – Reassessment under Sections 147/148 Invalid on Mere Change of Opinion
Facts of the Case
The
petitioner company was engaged in manufacturing, trading, and export of
rice, pulses, and related commodities.
Returns
of income for the relevant assessment years were filed an...
Director of Income Tax (Exemptions) vs Delhi Club Ltd. – Retrospective Registration under Section 12A Allowed on Bona Fide Belief of Existing Tax Exemption | Delhi High Court
Facts of the CaseThe respondent-assessee was a Club that filed an application
for registration under Section 12A of the Income-tax Act, 1961 before the
Director of Income Tax (Exemptions) on 31.03.1999.The Director gra...
Lucent Technologies International Inc. vs Assistant Commissioner of Income Tax & Anr. | Delhi High Court | Section 143(3) of the Income Tax Act, 1961
Facts of the CaseCertain additions were made by the Assessing
Officers in different assessment years. The assessment orders were challenged
before appellate authorities and ultimately reached the Income Tax Appellate
...
Commissioner of Income Tax, Delhi-IV vs. M/s Gujarat Guardian Ltd. | Section 263 Revision Cannot Be Invoked Where Assessing Officer Has Adopted a Plausible View on Royalty Expenditure and Section 80HHC Deduction
Facts of the CaseM/s Gujarat Guardian Ltd., engaged in the manufacture and sale
of float glass, filed its return of income declaring nil income under the
normal provisions of the Act and book profits under Section 115J...
Commissioner of Income Tax vs Assessee – Revenue Appeal Dismissed Due to Low Tax Effect | Delhi High Court (ITA No. 279/2008)
Facts of the CasesThe Revenue had filed an appeal before the Delhi High Court
against the order of the Income Tax Appellate Tribunal (ITAT). The appeal had
initially been admitted ex parte by an order dated 26.09.2008....
Commissioner of Income Tax, Delhi-IV vs H.B. Stock Holdings Ltd. – Reassessment Under Section 147/148 Not Permissible on an Issue Already Decided in Favour of the Assessee
Facts of the
CaseThe assessee filed its return of income for
Assessment Year 1995-96, declaring short-term capital gains arising from the
sale of certain shares. The assessee treated such shares as investments and
ac...